Personal injury advice from
Thompsons Solicitors
Child Injured at Playground Awarded Compensation
23rd April 2010
In a recent case, our expert personal injury lawyers recovered compensation on behalf of a child, who suffered a personal injury in a playground accident caused by a defective swing.
Faulty Playground Equipment
Our client, a young boy, was using a swing at a park. One of the chains holding the swing came free from the frame and he fell to the ground, sustaining an injury to his wrist.
He was examined at hospital and suffered pain and difficulty with using his dominant hand for a number of weeks.
The swings had only been erected around 6 weeks previously and, due to school holidays around that time, they had been used heavily.
Claim Against Council
Our lawyers, who have extensive experience in cases involving accidents in public places, were appointed to pursue a personal injury claim on behalf of the injured child, on the basis that the swing was not sufficiently safe.
Photographs of the swing were provided and we began a claim against the local authority, who were responsible for the maintenance of the park. They argued that they were not liable, as there had been a visual inspection of the park 4 days before the accident and no defects were found at that time. We therefore pursued our client’s injury claim to Court.
We argued that a visual inspection was not sufficient, as it would not be possible to examine the screws from the ground, and that new equipment being run-in, equipment at risk of vandalism and equipment under heavy use should be subject to stricter and more regular inspections in accordance with the British Standard for playground equipment. There had in fact also been a defect with another swing in the time since they were installed.
The Judge agreed that further measures should have been taken to ensure that the playground facilities were in safe working order and the injured child was awarded damages in respect of his injury.
Accident Claim Advice
If you, or a member of your family, suffer an injury due to an accident caused by the negligence of someone else, you may be entitled to make a personal injury claim.
Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online, for cost-free, confidential accident claim advice from our expert lawyers.
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